People v. Morrison
Court Of Oyer And Terminer New York
The defendant was tried at the Greene Oyer and Terminer, held in April, 1854, Harris, J., presiding, for the crime of rape, and convicted. Upon the application of the defendant’s counsel, sentence was suspended, and, at an adjourned session of the court, held in May following, a motion was made for a new trial, upon the ground that the verdict was against the weight of evidence. The facts will sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court,
Harris, J. —
The power to grant a new trial either in civil or criminal cases, constituted no part of the jurisdiction of the court at common law. The first reported case of a new trial being granted, upon the merits, is that of Wood v. Gunston, in 1655, (Style, 466,) where, in an action of slander, the verdict was set aside and a new trial awarded on the ground of excessive damages. Indeed, in that case, the decision was put upon the misbehavior of the jury. It was regarded rather as a case of irregularity, than an application for a new trial upon the merits. Just before this, it…
2Cases cited8 opinions
- People v. AbbotNew York Supreme Court · 1838
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
- People v. ComstockNew York Supreme Court · 1832
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1822
- People ex rel. Case v. Judges of the Dutchess Oyer & TerminerNew York Supreme Court · 1847
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3Cited by13 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- United States v. WilliamsU.S. Circuit Court for the District of Maine · 1858
- People v. QuinNew York Supreme Court · 1867
- State v. ColestockOregon Supreme Court · 1902
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